SH v. Department of Children and Families, 5D00-1639.

Decision Date06 October 2000
Docket NumberNo. 5D00-1639.,5D00-1639.
PartiesS.H., as Parent of D.H. and J.H., Children, Petitioner, v. DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.
CourtFlorida District Court of Appeals

Madonna H. Whittaker, Altamonte Springs, for Petitioner.

No Appearance for Respondent.

PER CURIAM.

We deny the petition for certiorari on the merits. The petition fails to allege how the trial court's order of May 2, 2000 constitutes a departure from the essential requirements of law causing irreparable harm. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987)

(a non-final order is reviewable by certiorari only if it departs from the essential requirements of law, causing material injury throughout the remainder of the proceedings, leaving no adequate remedy on appeal).

The petitioner seeks remedies from this court when adequate remedies are available in the lower court where pleadings can be dismissed or stricken after making findings of fact. Certiorari is not a writ of expediency and cannot be used to circumvent the interlocutory appeal rule. See Hawaiian Inn of Daytona Beach, Inc. v. Snead Constr. Corp., 393 So.2d 1201 (Fla. 5th DCA 1981).

PETITION DENIED.

COBB, PETERSON and SAWAYA, JJ., concur.

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    • March 10, 2006
    ...v. Royal Saxon, Inc., 720 So.2d 214 (Fla. 1998); Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987); S.H. v. Dep't of Children & Families, 769 So.2d 452 (Fla. 5th DCA 2000)). Hence, this court has consistently held that certiorari is the appropriate vehicle to challenge non-final ord......
  • In the Interest of D.R.C. v. J.G., 2D10–4431.
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    ...So.2d at 435; State, Dep't of Children & Family Servs. v. L.G., 801 So.2d 1047, 1050 (Fla. 1st DCA 2001); S.H. v. Dep't of Children & Families, 769 So.2d 452, 452 (Fla. 5th DCA 2000). Under this standard, relief by means of certiorari is not available when there is no irreparable harm or wh......
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    ...See Champaign Nat. Bank & Trust v. SOS Industries, Inc., 847 So.2d 1164, 1165 (Fla. 5th DCA 2003); S.H. v. Dept. of Children and Families, 769 So.2d 452, 452 (Fla. 5th DCA 2000). To be entitled to certiorari review of a non-final order, a petitioner must demonstrate that the trial court's o......
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